Carolyn Turek v. Generalmills, Inc. and Kelloggco

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ARGUED SEPTEMBER 9, 2011

Before CUDAHY, POSNER, and WILLIAMS, Circuit Judges.

The district court dismissed this diversity class action suit (which seeks damages and other relief for alleged violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505, and the Illinois Uniform Deceptive Trade Practices Act, 815 ILCS 510) for want of federal subject-matter jurisdiction, on the ground that the claims are barred by federal law. There are two initial puzzles. The first is why, although the plaintiff’s complaint clearly and in great detail describes the suit as a class action suit, the district judge did not mention that it was a class action suit or consider whether it should be certified as a class action; nor do the captions in this court indicate that it is a class action. Apparently the plaintiff never even sought class certification, and in those circumstances the dismissal of the plaintiff’s claim terminates the suit. Greisz v. Household Bank (Illinois), N.A., 176 F.3d 1012, 1015 (7th Cir. 1999); see also Board of School Commissioners of City of Indianapolis v. Jacobs, 420 U.S. 128, 129-30 (1975) (per curiam). Only after a class is certified can the suit survive dismissal of the named plaintiff’s claim, by substitution of another member of the class as named plaintiff.

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